Pappu Kumar @ Pappu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5761 of 2025 Arising Out of PS. Case No.-156 Year-2024 Thana- TIKAPATTI District- Purnia ====================================================== Pappu Kumar @ Pappu Mandal Son of Shambhu Mandal R/O-Village- Dumri Bazar, Ward No. 10, Koili Semra, Ayodhyaganj Bazar, PS- Tikapatti, Distt.- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-02-2025 Heard Mr. Bijendra Kumar Singh, learned counsel for the petitioner and Ms. Pronoti Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Tikapatti P.S. Case No. 156 of 2024, F.I.R. dated 11.09.2024 registered for the offences punishable under Sections 334(1)/303(2) of B.N.S.

3. Allegation against the petitioner is of committing theft of battery and the battery was under closed box of Tina.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

Patna High Court CR. MISC. No.5761 of 2025(2) dt.19-02-2025 2/3 He further submits that it appears from the F.I.R. that the date of occurrence as alleged in the F.I.R. is 17.08.2024 but the present F.I.R. was instituted on 11.09.2024 after delay of more than 24 days without giving any explanation of delay. He further submits that the looted battery has been recovered from the possession of co-accused person and the name of the petitioner has been transpired on the basis of confessional statement of coaccused person.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that the name of the petitioner has been transpired on the basis of confessional statement of co-accused person and F.I.R. was instituted after delay of 24 days, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Purnea in connection with Tikapatti P.S. Case No. 156 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.5761 of 2025(2) dt.19-02-2025 3/3 Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T